2006 New York Code - Breach Of Confidentiality Of Commission Information.

 
    §  67.  Breach  of  confidentiality of commission information. 1.  Any
  staff member, employee or agent of  the  state  commission  on  judicial
  nomination  who  violates  any of the provisions of section sixty-six of
  this article shall be subject to a  reprimand,  a  fine,  suspension  or
  removal by the commission.
    2.  Within ten days after the commission has acquired knowledge that a
  staff member, employee or agent  of  the  commission  has  or  may  have
  breached  the  provisions  of section sixty-six of this article, written
  charges against such staff member, employee or agent shall  be  prepared
  and  signed  by  the  chairman  of  the  commission  and  filed with the
  commission.  Within five days after receipt of charges,  the  commission
  shall  determine,  by  a  vote of the majority of all the members of the
  commission, whether probable cause for  such  charges  exists.  If  such
  determination  is  affirmative,  within  five  days thereafter a written
  statement specifying the charges in  detail  and  outlining  his  rights
  under  this  section  shall  be  forwarded  to the accused staff member,
  employee or agent by certified mail.  The  commission  may  suspend  the
  staff  member, employee or agent, with or without pay, pending the final
  determination of the charges. Within  ten  days  after  receipt  of  the
  statement  of  charges, the staff member, employee or agent shall notify
  the commission in writing whether he desires a hearing on  the  charges.
  The  failure  of  the  staff  member,  employee  or  agent to notify the
  commission of his desire to have a hearing within such  period  of  time
  shall  be  deemed a waiver of the right to a hearing. If the hearing has
  been waived, the commission shall proceed, within ten  days  after  such
  waiver,  by  a vote of a majority of all the members of such commission,
  to determine the charges and fix the penalty or punishment, if  any,  to
  be imposed as hereinafter provided.
    3.  Upon  receipt  of  a  request  for a hearing, the commission shall
  schedule a hearing, to be held at the commission offices, within  twenty
  days after receipt of the request therefor, and shall immediately notify
  in  writing  the  staff  member, employee or agent of the time and place
  thereof.
    4. The commission shall have the power to  establish  necessary  rules
  and  procedures  for  the  conduct  of hearings under this section. Such
  rules shall not require compliance with technical rules of evidence. All
  such hearings shall be held before a hearing  panel  composed  of  three
  members of the commission selected by the commission. Each hearing shall
  be  conducted  by the chairman of the panel who shall be selected by the
  panel. The staff member, employee  or  agent  shall  have  a  reasonable
  opportunity to defend himself and to testify on his own behalf. He shall
  also  have the right to be represented by counsel, to subpoena witnesses
  and to cross-examine witnesses. All testimony taken shall be under  oath
  which  the  chairman  of the panel is hereby authorized to administer. A
  record of the proceedings shall be made and a copy of the transcript  of
  the  hearing shall, upon written request, be furnished without charge to
  the staff member, employee or agent involved.
    5. Within five days after the conclusion of a hearing, the panel shall
  forward  a  report  of  the  hearing,   including   its   findings   and
  recommendations,   including   its  recommendations  as  to  penalty  or
  punishment, if one is warranted, to the commission and  to  the  accused
  staff  member,  employee or agent. Within ten days after receipt of such
  report the commission shall determine whether  it  shall  implement  the
  recommendations  of  the  panel.  If  the  commission shall determine to
  implement such recommendations,  which  shall  include  the  penalty  or
  punishment,  if any, of a reprimand, a fine, suspension for a fixed time
  without pay or dismissal, it shall do so within  five  days  after  such
  determination.    If  the  charges against the staff member, employee or
  agent are dismissed, he shall be restored to his position with full  pay
  for  any  period  of  suspension  without  pay  and the charges shall be
  expunged from his record.
    6.  The accused staff member, employee or agent may seek review of the
  determination of the commission by way of a special proceeding  pursuant
  to article seventy-eight of the civil practice law and rules.